Damages You Can Receive In An Unpaid Overtime Wage Claim

Posted By on Nov 3, 2016 | 0 comments

The number of wage and hour lawsuits has increased over the years. According to a report by the Government Accountability Office (GAO), lawsuits that violate the Fair Labor Standards Act have increased exponentially in the last few years. Since 1991, FLSA cases have increased drastically by 514%. In 2012 alone, there were a total of 8,148 lawsuits filed excluding the number of unpaid overtime cases filed under state laws.

According to the website of Leichter Law Firm, the FLSA requires employers to pay employees who render more than 40 hours of week a rate of one and a half times their standard pay. Unfortunately, this is not happening and employees are left with no choice but to file a case against their employers. If successful, the employee may be able to receive the following damages:

Lost Wage
Aside from overtime pay, an employee who works overtime should receive at least the minimum wage. They should be paid the amount established by either the state or local minimum wage, if either one is higher than the Federal minimum wage. Non-payment may subject the employer to a legal claim filed by the employee in court or with the state labor department.

Overtime Pay
The FLSA requires employers to pay employees who render overtime the appropriate compensation which is one a half times their regular rate.

Damages in an unpaid overtime claim may be any of the following:

Unpaid Wages.
A successful claim may entitle the plaintiff to receive unpaid wages equivalent to the amount that employers failed to pay.

You will also be receiving the amount of interest on the unpaid wages depending on the amount set by law. In lieu of the interest, an employee may also receive liquidated damages.

Depending on the state, your employer may be required to pay some penalties aside from the unpaid wages due to the driver.
Attorney’s Fees. If you win the case, your employer will also be paying attorney’s fees for pursuing the case.

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